• The Federal Circuit Will Decide if a Damages Trial or Decision on Willfulness Is Required Before a Judgment of Patent Infringement Can Be Appealed
  • August 30, 2012 | Author: John T. Gallagher
  • Law Firm: Sills Cummis & Gross P.C. - New York Office
  • Appellate review typically follows a judgment of a district court that resolves all disputes between the litigants, and the Federal Circuit has exclusive jurisdiction over an appeal from a judgment that is “final except for an accounting.” 28 U.S.C. § 1295(c)(2). This raises the question whether, under Section 1295(c)(2), a trial on damages or a decision on willful infringement is simply an “accounting,” or a necessary predicate for an appealable final judgment?